Tennessee Code Annotated

Tenn. Code Ann. § 2-5-208 (2026)

Arrangement of material on ballots

✓ current as of May 2026
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Amended by 2023 Tenn. Acts, ch. 346, s 2, eff. 5/5/2023.

Amended by 2016 Tenn. Acts, ch. 579, s 1, eff. 3/10/2016.

Amended by 2013 Tenn. Acts, ch. 231, s 6, eff. 7/1/2013.

Acts 1972, ch. 740, § 1; 1974, ch. 708, § 1; 1975, ch. 353, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; Acts 1978, ch. 934, § 29; T.C.A., §§ 2-308, 2-514; Acts 1981, ch. 110, § 1; 1981, ch. 246, § 1; 1981, ch. 300, § 1; 1983, ch. 20, § 1; 1988, ch. 672, § 3; 1990, ch. 628, § 5; 1995, ch. 305, § 56; 1996, ch. 574, § 1; 1997 , ch. 331, § 2; 1997 , ch. 558, § 5; 2000, ch. 756, §§ 9, 10, 11; 2000, ch. 883, § 2; 2003 , ch. 90, § 2; 2003 , ch. 183, § 1; 2007 , ch. 125, § 9; 2011 , ch. 257, § 3.


Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 2007–2026 · leading case: Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013).
Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013). · cites it 21× “Tennessee’s Preferential Ballot Statute For Tennessee’s general election ballot, Tenn.Code Ann. § 2-5-208, as amended in 2012, mandates that the political parties’ candidates are to be listed in the following order: (d) (1) Notwithstanding any other provision of this chapter or…”
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). · cites it 10× “Based upon Rosen and the historical results for minor political parties in Tennessee, the Court concludes that Tenn. Code Ann. § 2-5-208 (d)(l)’s preferential placement of the majority party candidates on election ballots provides an impermissible “voting cue” that violates…”
Jordan v. Knox Cnty., 213 S.W.3d 751 (Tenn. 2007). · cites it 2× “When a proffered amendment exceeds that length, Tennessee Code Annotated section 2-5-208(f)(2), requires, for ballot purposes, a “brief summary .”
Green Party of Tennessee v. Hargett, 7 F. Supp. 3d 772 (M.D. Tenn. 2014). · cites it 2× “After the 2000 election, a non-statewide political party’s name could be listed next to the name of its presidential candidate, if that party’s candidate received at least 5% of the votes in Tennessee’s last presidential election.”
Lupo v. Tennessee Sec'y of State Tre Hargett (M.D. Tenn. 2024). · cites it 2× “” Tenn. Code Ann. § 2-5-208 (h) (emphases added).”
Randall L. Rice v. The Tennessee Democratic Exec. Comm. (Tenn. Ct. App. 2026). · cites it 2× “§ 2-6-503 (2014) (the state primary boards shall certify the nominees of their parties to the county election commissions); Tenn. Code Ann. § 2-5-208 (j) (2014 & Supp.”
Carter (W.D. Tenn. 2026). · cites it 2× “” Tennessee Code Annotated § 2-5-208(d)(1) provides, in relevant part: … the name of each political party having nominees on the ballot shall be listed in the following order: majority party, minority party, and recognized minor party, if any.”
Robert Starbuck Newsom a/k/a Robby Starbuck v. Tennessee Repub. Party (2022). “§ 2-6-503 (2014) (the state primary boards shall certify the nominees of their parties to the county election commissions); Tenn. Code Ann. § 2-5-208 (j) (2014 & Supp.”
Tenn. Code Ann. § 2-5-208(d)(1): 3 cases
Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013). “Tennessee’s Preferential Ballot Statute For Tennessee’s general election ballot, Tenn.Code Ann. § 2-5-208, as amended in 2012, mandates that the political parties’ candidates are to be listed in the following order: (d) (1) Notwithstanding any other provision of this chapter or…”
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “Based upon Rosen and the historical results for minor political parties in Tennessee, the Court concludes that Tenn. Code Ann. § 2-5-208 (d)(l)’s preferential placement of the majority party candidates on election ballots provides an impermissible “voting cue” that violates…”
Carter (W.D. Tenn. 2026). “” Tennessee Code Annotated § 2-5-208(d)(1) provides, in relevant part: … the name of each political party having nominees on the ballot shall be listed in the following order: majority party, minority party, and recognized minor party, if any.”
Tenn. Code Ann. § 2-5-208(d)(10): 1 case
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “Based upon Rosen and the historical results for minor political parties in Tennessee, the Court concludes that Tenn. Code Ann. § 2-5-208 (d)(l)’s preferential placement of the majority party candidates on election ballots provides an impermissible “voting cue” that violates…”
Tenn. Code Ann. § 2-5-208(d)(l): 3 cases
Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013). “Tennessee’s Preferential Ballot Statute For Tennessee’s general election ballot, Tenn.Code Ann. § 2-5-208, as amended in 2012, mandates that the political parties’ candidates are to be listed in the following order: (d) (1) Notwithstanding any other provision of this chapter or…”
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “Based upon Rosen and the historical results for minor political parties in Tennessee, the Court concludes that Tenn. Code Ann. § 2-5-208 (d)(l)’s preferential placement of the majority party candidates on election ballots provides an impermissible “voting cue” that violates…”
Green Party of Tennessee v. Hargett, 7 F. Supp. 3d 772 (M.D. Tenn. 2014). “After the 2000 election, a non-statewide political party’s name could be listed next to the name of its presidential candidate, if that party’s candidate received at least 5% of the votes in Tennessee’s last presidential election.”
Tenn. Code Ann. § 2-5-208(f)(2): 1 case
Jordan v. Knox Cnty., 213 S.W.3d 751 (Tenn. 2007). “When a proffered amendment exceeds that length, Tennessee Code Annotated section 2-5-208(f)(2), requires, for ballot purposes, a “brief summary .”
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